Where the 2009 Manual is Silent

Size: px

Start display at page:

Download "Where the 2009 Manual is Silent"

Gabriel Cook
6 years ago
Views:

1 Where the 2009 Manual is Silent A seminar for the Professional Land Surveyor Dennis J. Mouland, PLS, Instructor PLSO 2014

2 A long history of Manuals Original contracts and instructions 1851 Oregon Instructions Full Manuals:

3 Be up to date..

4 Course Goals Identify survey issues where the Manual is silent, leaving solutions in all or in part to the professional. Discuss possible solutions for each Recognize the need for thorough documentation

5 Items to be Discussed 1. Controlling lines in weighted mean bearings 2. Local evidence inside a section 3. Lost corners in: a) Mineral surveys b) Other NRE s c) Inside sections 4. Multiple WC s for section corners 5. Latitudinal curve issues 6. Control for lost CC s and corners of minimum control 7. Limits on lines in trees (LT or BT)

6 In some cases, YES Is it Really Silent? In many cases, the principles are elsewhere in the book, and we need to properly apply them to our cases

7 Why does all this matter? Protect the plat is a concept GLO/BLM always held. Basics of protecting bona fide rights granted by patents. It comes from U.S. Supreme Court direction Means to uphold the factors given on the plat, including topography, intent, ratios and equities Our slogan will be: Always let the PLAT tell you what to do

8 What is a resurvey? Cragin v. Powell 128 U.S. 691 (1888) Chaos with erroneous resurveys A major issue for the modern surveyor How apply to the 1320 Club s actions? Use of topography ok Protect the plat not running the record Cragin Swamp land 5 miles +/- Range Line

$By law a fractional section is (1) a section containing outlying areas protracted as surveyed, or (2) an invaded section in which at least one quarter section corner has not been or cannot be fixed.$

10 Issue No. 1: Controlling Lines in Fractional Sections By law a fractional section is (1) a section containing outlying areas protracted as surveyed, or (2) an invaded section in which at least one quarter section corner has not been or cannot be fixed. The method of subdivision by survey is outlined in 43 U.S.C. 752(2)(cl. 3) and 753(c1s. 2 and 4). By rule the procedure for subdivision of the fractional section is to be as nearly as possible in conformity with the official survey The law presumes that a corner has not been fixed when: (1) the section line on each side of the corner position has not been actually run (figure 3-44) or, (2) the section line has been actually run but at least one corner on either side, on the section line at issue, has not been monumented (figure 3-45). The rule presumes that a section line has been actually run when a bearing and distance of the line is returned in the official survey record

12 Fractional Sections Manual definition(s) at Our definition: A section with one or more of it s controlling corners never fixed Fixed? Was a return published on the distances controlling it? Sometimes a section may not be fractional but a quarter section of it is fractional per 09 Manual Beware using fractional term just because a deed or patent uses it; fractional is a term for title issues when a parcel is less than 40 acres. This often does not trigger the survey definition of fractional.

13 Sections 17, 18, and 19 are all fractional. They have no returns across the lake. Those lines were not run nor approved by the GLO. Section 20 has a fractional NW1/4. Ties to islands are not approved PLSS lines and should not be used in retracements.

14 Are these sections Fractional? Note the returns. These can all be subdivided normally

15 EXAMPLE: Section 17-- E/W centerline What bearing? Congress addressed this in the 1805 Act. Regarding fractional sections, the subdivisional lines shall be run in cardinal directions. Mansfield immediately interpreted this to require mean bearings. We now use weighted mean or parallel lines as the facts dictate

16 Application of Fractional Rules Weighted Mean Bearing if: You have two or more lines to weight against; the longer lines control the mean more than the shorter. Run Parallel Lines if: You only have one sideline to which you can apply the intent of the plat. Used where no other section line exists or if the plat indicates not to spread adjustment through the entire section.

17 Parallel line and Weighted Mean Example

18 How do you compute a weighted mean? In COGO, connect all the lines you are using in the calc end to end with your measured data. Inverse between the two end points and the result is a perfectly weighted mean. B/D B B/D C B/D A

19 EXAMPLE: Section 17-- E/W centerline weighted mean using all 4 lines: NE Cor S17 to N1/4 S17 = N89W N1/4 S17 to NW Cor S17= N88W SE Cor S17 to S1/4 S17= S89-30W S1/4 S17 to MC S17/S20= N84W 3.18 Place these end to end in a traverse routine. Inverse for answer: N W

20 What about the CW 1/16 th of S17? Subdivisional lines are all included in the law. Assume the following measurements made: NW Cor S17 to MC= S1W N1/4 to C1/4 = S0-30E C1/4 to S1/4= S0-30E Solution with all of N/S centerline= S E With northern part of centerline= S0-05E = 5.55 feet on the ground in eastings

21 What about the NW1/4 of S20? Assume you are surveying Lot 1: Measured data= N1/4 to MC = N89W 3.22chs W1/4 to C1/4= S89-45W C1/4 to W1/4 = S89-45W Solution with all of Centerline = S W Solution with West part only = S W at meander line (SMC)=.97 ft Remember to do a reality check on the entire fractional area.

$area difference like fractional sections.$

22 Rarely a reason to do this Definitely NOT over a gray area difference like fractional sections..the Manual is silent

23 Document! SURVEY REPORT When in a gray area, tell the whole world what you did and why via: Report Plat Notes Field Notes Other internal documents To: World AG project file, Strickland Surveying and Mapping (SSM) From: Dennis Mouland, Witness Tree Consulting (WTC) Date: June 20, 2012 WTC was contracted for consulting work on behalf of SSM on May 10, 2012 for a project involving the re-establishment of the line between Ranges 8 and 9 West, of Township 13 North, Choctaw Meridian, Issaquena County, Mississippi and re-establishment of adjoining sections. The World Ag project was a dispute over title and boundaries in a relatively small area along the range line. Adjoining township data was also utilized to resolve corner positions. SSM provided plats of other private surveys in the area, USGS quads, as well as field notes from the original GLO surveys, and pertinent deeds. WTC acquired GLO plats and Google Earth images with PLSS overlays from BLM Eastern States Office. SSM field crews searched and tied in all available evidence in the area. Due to the nature of the area (flooding and river movement) it was agreed the project needed to be on a larger scale. Many of the private surveys in the area were narrowly focused and did not in any way correlate with one another. Further, the area is plagued with multiple monuments at corner positions, proving little effort had been made by previous surveyors to faithfully retrace and relate the area together. A large scale retracement and harmony of the best available evidence was to be the foundation of the balance of the work in the project area. After comparing the reading and analysis of the GLO plats and notes between SSM and WTC, SSM provided coordinate data from all evidence found. WTC computed and prorated the situation independently of SSM. Comparisons were made between these results and discussion ensued over possible solutions using the found evidence. Three presumptions were made to arrive at a mutually agreeable solution. They are:

Issue No. 2: Local Corners inside a Section Includes subdivisional corners along the section and other controlling lines Can you accept/reject? Yes, it is your job. What effect if accepted?

24 Issue No. 2: Local Corners inside a Section Includes subdivisional corners along the section and other controlling lines Can you accept/reject? Yes, it is your job. What effect if accepted? See 6-45 in the 2009 Manual. Local Points of Control Once a local point of control is accepted in an official survey it has all the authority and significance of an original corner. The influence of such points is combined with that of the previously identified original corners in making final adjustments of the temporary points.

25 Authority? See thru The work of the local surveyor usually includes the subdivision of the section into the legal subdivisions shown upon the approved plat. In this capacity, the local surveyor is performing a function contemplated by law. He or she cannot properly serve the client or the public unless familiar with the legal requirements concerning the subdivision of sections In the event that the original monuments have become obliterated or lost, the local surveyor cannot hope to effectively recover the corner positions with-out a full understanding of the record concerning their original establishment and other evidence of establish-ment, subsequent recovery, or reestablishment. Nor can the local surveyor hope to legally restore or weigh evi-dence of subsequent corner location, use, or occupancy, until he or she has mastered not only the principles observed in the execution of the original survey, and later local practices, but also the principles upon which the courts and authorized administrative officials having jurisdiction over such matters have based their rulings.

26 Subdivisional Corners created? Yes, but not monumented: Not synonymous terms Corner is a point on the surface of the earth, a location Monument is a physical object claiming to be at a corner point Approved plat shows intent of the government for further subdivision

27 What we are looking for is the original position The original position inside a section is a function of evidence on the exterior math principles the protection of bona fide rights Professionalism on acceptance/rejection of evidence of prior efforts Applicable standards

28 Compiling a Check list Age of monument Positional precision How often used Consider the methods used before Recognize the true gray areas : heavily deteriorated evidence? Occupation? Called for? Authority of who set it: License required? Federal authority? Landowner s actions Equipment and limitations Intent of the parties

29 Things to consider Intent of the parties What did they intend for precision/accuracy? Process used to protect rights? Or slopped in? Power of words, but.. Reality of the profession s capabilities Equipment limits Not best possible solutions Actual practice Standards at the time, if any

1947 1/905 1930 1/640 1902 3 chains/mile*

30 Example Standards 2009 Manual 1/5000 on resurveys 1/2828 on originals / / / chains/mile* chains/mile* * - Confused with rectangular limits

32 ISSUE NO. 3 Lost Corners An obliterated corner is an existent corner where, at the corner's original position, there are no remaining traces of the monument or its accessories but whose position has been perpetuated, or the point for which may be recovered, by substantial evidence from the acts or reliable testimony of the interested landowners, competent surveyors, other qualified local authorities, or witnesses, or by some acceptable record evidence A lost corner is one whose original position cannot be determined by substantial evidence, either from traces of the original marks or from acceptable evidence or reliable testimony that bears upon the original position, and whose location can be restored only by reference to one or more interdependent corners. Thus, if substantial evidence of the position of the original corner exists, it is an existent or obliterated corner. This position shall be employed in preference to applying the rule that would be proper only in the case of a lost corner. In addition, once a corner is considered lost, it is the surveyor's responsibility to assure that the restoration method and the restored position comply with the statutory protection of bona fide rights requirements delineated in 43 U.S.C. 772 and 773 and as described in this Manual.

33 Issue No. 3a: Lost Corners on Mineral Claims See Manual does discuss it, but Serious issues with existing adjoining corners Leaves things quite open on lost corners Parallel end lines needed? Compass rule if all measured Isolated claims are easier GBM if all measured

34 Other issues with Patented Minerals Caution with ties to USLM s, etc Ties to previous/later claims Ties to improvements GBM if isolated only Other solutions? Not PLSS, so be careful applying PLSS rules Misc. Control (7-59)

35 Common Shortcuts Perimeters not actually traversed Centerlines run and stubbed out end lines Ties to PLSS/USLM/USMM not measured Ties to improvements not done

36 Discovery Cut Tunnel 4 Shaft 4x6 cabin 3 Original location post

37 Discovery Cut Tunnel 4 Shaft 4x6 cabin 3 Original location post

38 Discovery Cut Tunnel 4 Shaft 4x6 cabin 3 Original location post

Manual Direction at 10-224-227 What do the notes say? What are the conditions on the ground?

39 Manual Direction at What do the notes say? What are the conditions on the ground? Any controlling corners restored by proportionate measure? Manual implies bending the senior line Be sure this does not impact any bona fide rights

40 Discovery Cut Tunnel 4 Shaft 4x6 cabin 3 Original location post

41 What was actually measured? Possible existent v. lost? Use Misc. Control (7-59)

42 Issue No. 3b: Lost Corners on NRE s Indian Reservations Military Reservations Homestead Entry Surveys SHC/DLC Spanish/Mexican land grants (Ranchos) National Park Bdys Townsite Surveys Lighthouse tracts U.S. Surveys Isolated Mineral Claims Independent Resurvey Tracts

43 Most Land Grants and Private Land Claims Single Proportion where straight Grant Boundary where bearings break

51 ISSUE No. 3c: Lost Corners inside a section Best Available Evidence? Or Unwritten Rights? Or Acquiescence? Same types of evidence, but Different applications Often confused together Importance of the record Reality checks are useful Accept or reject based on BAE Acquiescence? Never going to be the original

52 Boundary v. Property Line Sometimes these terms are confused For our purposes; Boundaries are original lines created by GLO Property lines start on these Property lines can move away from boundaries by actions or inactions of landowners or courts Boundaries stay fixed So what can the courts actually do? Fix the property line between the parties named Original Red is original boundary Green is occupation line +100 years

53 S9 S10 S16 S15

54 What about lost corners inside the section? Consider the Manual s process for other corners: Senior corners first Double props next Single props next Secondary methods Is the goal to re-create a perfect secsub?

56 ISSUE No. 4 Multiple Witness Corners The 2009 Manual provides new policy on using online WC s for section corners (6-27). Policy for online WC for ¼ corners is unchanged. Policy for offline WC s is unchanged.

57 N. 0 01' W., bet. secs. 1 and 2. Desc. slightly over rolling land. Point for the 1/4 sec. cor. of secs. 1 and Falls at an inaccessible point on a cliff, no permanent monument established. from which: A stainless steel post, 30 ins. long, 2 1/2 ins. diam., 23 ins. in the ground and over a magnet, for a witness corner, bears South, 50 lks. dist with brass cap mkd. WC T15N R20E 1/4 S1 S and an arrow pointing to the cor. From the witness corner. A live oak, 19 ins. diam., bears N. 21 E., 53 lks. dist., mkd. X at breast height and BT at base. A burr oak, 12 ins. diam., bears S. 46 W., 33 lks. dist., mkd. X at breast height and BT at base. Raise a mound of stone, 3 ft. base, 2 ft. high, 5 lks. dist., W. of the witness cor Arroyo, course N. 70 E.

58 Witness Corners For corners that would be reestablished by double proportionate measurement, the true point for the corner will be determined by extending the line through the witness corner at record distance.

59 The true point will be established at record Distance; the bearing is determined by the bearing of the original surveyed line upon which the witness corner was placed; thus it is utilized to determine true, record bearing. Pond Extend the line through the W.C. and at record distance is the true corner point Determine the bearing between the monumented corners. W.C. ¼ sec. cor.

60 What if there is more than one W.C.? W.C. W.C. Pond W.C. W.C. Double proportion Single proportion Determine the true point from only one W.C. Intersection Three point Two point ¼ sec. cor.

61 What if the W.C. is lost? Pond ¼ sec. cor. W.C. Sec. 5-17: Since the true point for the corner will usually be of major importance, the surveyor will proceed directly to its determination by the applicable methods if the witness corner is lost.

62 Issue No. 5: Latitudinal Curve Issues True restorations or not? Why did you miss another LS s corner? At 45 of latitude does not matter until 80 chains You decide longer proportions will be noticeable. When are you making a Swiss watch out of plastic parts? Plus or Minus ½ link in the record

65 Single Proportions on the Curve The line we work on in COGO is a chord of the line monumented. The GLO ran a tangent line (or secant) and then adjusted to the curve. A F B Chord Tangent D E Curve Baselines, Standards, and Township lines C

66 Single Proportion on the Curve 4TH STANDARD PARALLEL NORTH R= WEST 280 CHAINS LAT=34* M= N88-19W CHAINS CORNER TO BE RESET COMPUTE SINGLE PROPORTION ON THE CHORD USE TABLE TO COMPUTE OFFSETS FROM TANGENT TO CURVE. COMPUTE CHORD TO TANGENT AT LOST POINT. SUBTRACT DIFFERENCE AND MOVE POINT SOUTH TO RESTORED POSITION ON CURVE.

67 So, does it matter? See 2-18: At latitude 45 N., it is 52" (seconds) per mile of departure. The adjustment for curvature, at the midpoint of a parallel of latitude line 1 mile in length, at latitude 45 is 0.3 lks. dist. For latitude 70 N., it is 2' (minutes) 23 (seconds) per mile of departure. The adjustment for curvature, at the midpoint of a parallel of latitude line 1 mile in length, at latitude 70 is 0.7 lks. dist.

68 ISSUE No. 6 Corners of Minimum Control Expanded discussion in the 2009 Manual about these type topics. See 7-22 thru Two Topics: 1. Control for corners of Minimum Control 2. Dealing with record busts in the control for a lost CC

69 Quarter-section Corners of Minimum Control Do not mean the offsets.

70 (A + B) / 2 does not equal midpoint per the Manual. Mean the eastings and maintain that easting is correct. Do not mean the linear distances along the senior line.

71 CC CC Offline or true POI? Some times makes a difference. What if one or more CC s is lost?

72 Let the record tell you what to do.

73 Closing Corners CC Found at 7-41 thru 7-49 in the 2009 Manual Remember how they were established Remember what they represented Although out-of-synch with proportioning rules, we single proportion on the senior line unless we have a special case

74 Closing Corner Computation Example SC R= M= SC CC R = 3.26 M X X = ¼ corner

75 Special Case Closing Corner Computation Example SC R= M= CC SC R = 3.26 M X X = ¼ corner Run record? Was it close to the senior line? Projection from south? Not an acceptable solution

76 ISSUE No. 7 Limits on trees

77 Bearing Trees: Don t try to build a Swiss watch from plastic parts Remember measurement honesty

78 Controlling Intermediate Corners A review of what we know and what we should know about CIC s Used to be called CIM s LT Lost 1/4 WP MEASURED

79 Define What was the normal level of control set by the GLO? Section and Quarter-Section Corners These are controlling, but intermediate. Intermediate to the normal level of control But still control something Line, and most proportioning

80 Some CIM s exist due to procedure Meander Corners Closing Corners Crossing Closing Corners Subdivisional Corners set previously

81 Others due to field conditions On-line Witness Corners Line Trees Witness Points

82 LT LT 1/4 Lost 1/4 WP WP RECORD MEASURED

83 When you find Line Trees Remonument as an AP Take accessories Make the details part of your record Where on the line trees?

84 If an LT is lost Was it ever retraced and shown w/ bearing break? Re-establish Never used by a survey? May not need to be re-set MC s always should be re-set CCC s usually should be re-set WP still needed? CC s adjusted once: then treated as equal

85 Remon as an AP Take accessories

86 Conclusion There are an infinite number of issues where the Manual would be silent Do you know the principles and guidelines well enough to still solve your problem? Where the Manual is silent, use what you know to arrive at a legal and equitable solution. Document all your decisions Good luck in all your retracements!

87 End of course: Where the Manual is Silent

Subdivision of Fractional Sections ISPLS 2017

Subdivision of Fractional Sections ISPLS 2017 Dennis J. Mouland, PLS Instructor Witness Tree Consulting, Inc., 2011, All Rights Reserved Course Objectives Understand the definition of a fractional section